2005 CFR Title 43, Volume 1

Title 43--Public Lands: Interior PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES
	4.1	Scope of authority; applicable regulations.
	4.2	Membership of appeals boards; decisions, functions of Chief Judges.
	4.3	Representation before appeals boards.
	4.4	Public records; locations of field offices.
	4.5	Power of the Secretary and Director.
	4.20	Purpose.
	4.21	General provisions.
	4.22	Documents.
	4.23	Transcript of hearings.
	4.24	Basis of decision.
	4.25	Oral argument.
	4.26	Subpoena power and witness provisions generally.
	4.27	Standards of conduct.
	4.28	Interlocutory appeals.
	4.29	Remands from courts.
	4.30	Information required by forms.
	4.31	Request for limiting disclosure of confidential information.
	4.100	General rules and guidelines.
	4.101	Who may appeal.
	4.102	Appeals--how taken.
	4.103	Forwarding and docketing of appeals.
	4.104	Preparation, organization, transmittal, and status of appeal file.
	4.105	Dismissal for lack of jurisdiction.
	4.106	Representation and appearances.
	4.107	Pleadings.
	4.108	Amendments of pleadings or record.
	4.109	Hearing--election.
	4.110	Prehearing briefs.
	4.111	Prehearing or presubmission conference.
	4.112	Submission without a hearing.
	4.113	Optional small claims (expedited) and accelerated procedures. (See 4.100(a)(2).)
	4.114	Settling of the record.
	4.115	Discovery--depositions.
	4.116	Interrogatories to parties; inspection of documents; admission of facts.
	4.117	Service of papers.
	4.118	Hearings--where and when held.
	4.119	Notice of hearings.
	4.120	Subpoenas. (See 4.100(a)(2).)
	4.121	Unexcused absence of a party.
	4.122	Nature of hearings.
	4.123	Examination of witnesses.
	4.124	Submission of briefs.
	4.125	Decisions.
	4.126	Motions for reconsideration.
	4.127	Dismissals.
	4.128	Remands from courts.
	4.200	How to use this subpart.
	4.201	Definitions.
	4.202	General authority of deciding officials.
	4.203	Determination as to nonexistent persons and other irregularities of allotments.
	4.204	Presumption of death.
	4.205	Escheat.
	4.206	Determinations of nationality, citizenship, or status affecting character of land titles.
	4.207	Settlement agreement.
	4.208	Renunciation of interest.
	4.210	Commencement of probate.
	4.211	Assignment to deciding official.
	4.212	Summary process for estates containing only trust cash estates of less than $5,000.
	4.213	Informal process for cases that do not require a formal hearing.
	4.214	Written decision of attorney decision maker.
	4.215	De novo review following decision of attorney decision maker.
	4.216	Notice.
	4.217	Contents of notice.
	4.220	Production of documents for inspection and copying.
	4.221	Depositions.
	4.222	Written interrogatories; admission of facts and documents.
	4.223	Objections to and limitations on production of documents, depositions, and interrogatories.
	4.224	Failure to comply with discovery.
	4.225	Prehearing conference.
	4.230	Authority and duties of the administrative law judge or Indian probate judge.
	4.231	Formal hearings.
	4.232	Evidence; form and admissibility.
	4.233	Proof of wills, codicils, and revocations.
	4.234	Witnesses, interpreters, and fees.
	4.235	Supplemental hearings.
	4.236	Record.
	4.240	Decision of the administrative law judge or Indian probate judge and notice thereof.
	4.241	Rehearing.
	4.242	Reopening.
	4.250	Filing and proof of creditor claims; limitations.
	4.251	Priority of claims.
	4.252	Property subject to claims.
	4.260	Making of a will; review as to form; revocation.
	4.261	Anti-lapse provisions.
	4.262	Felonious taking of testator's life.
	4.270	Custody and control of trust estates.
	4.271	Omitted property.
	4.272	Improperly included property.
	4.273	Distribution of estates.
	4.281	Claims for attorney fees.
	4.282	Guardians for incompetents.
	4.300	Authority and scope.
	4.301	Valuation report.
	4.302	Conclusion of probate and tribal exercise of statutory option.
	4.303	Notice by surviving spouse to reserve a life estate.
	4.304	Rehearing.
	4.305	Hearing on tribal option to purchase interests.
	4.306	Time for payment.
	4.307	Title.
	4.308	Disposition of income.
	4.310	Documents.
	4.311	Briefs on appeal.
	4.312	Board decisions.
	4.313	Amicus curiae; intervention; joinder motions.
	4.314	Exhaustion of administrative remedies.
	4.315	Reconsideration of a Board decision.
	4.316	Remands from courts.
	4.317	Standards of conduct.
	4.318	Scope of review.
	4.320	Who may appeal.
	4.321	Notice of transmittal of record on appeal.
	4.322	Docketing.
	4.323	Disposition of the record.
	4.330	Scope.
	4.331	Who may appeal.
	4.332	Appeal to the Board; how taken; mandatory time for filing; preparation assistance; requirement for bond.
	4.333	Service of notice of appeal.
	4.334	Extensions of time.
	4.335	Preparation and transmittal of record by official of the Bureau of Indian Affairs.
	4.336	Docketing.
	4.337	Action by the Board.
	4.338	Submission by administrative law judge of proposed findings, conclusions and recommended decision.
	4.339	Exceptions or comments regarding recommended decision by administrative law judge.
	4.340	Disposition of the record.
	4.350	Authority and scope.
	4.351	Commencement of the determination process.
	4.352	Determination of administrative judge and notice thereof.
	4.353	Record.
	4.354	Reconsideration or rehearing.
	4.355	Omitted compensation.
	4.356	Appeals.
	4.357	Guardians for minors and incompetents.
	4.400	Definitions.
	4.401	Documents.
	4.402	Summary dismissal.
	4.403	Finality of decision; reconsideration.
	4.410	Who may appeal.
	4.411	Appeal; how taken, mandatory time limit.
	4.412	Statement of reasons, statement of standing, written arguments, briefs.
	4.413	Service of notice of appeal and of other documents.
	4.414	Answers.
	4.415	Request for hearings on appeals involving questions of fact.
	4.416	Appeals of wildfire management decisions.
	4.420	Applicability of general rules.
	4.421	Definitions.
	4.422	Documents.
	4.423	Subpoena power and witness provisions.
	4.430	Prehearing conferences.
	4.431	Fixing of place and date for hearing; notice.
	4.432	Postponements.
	4.433	Authority of the administrative law judge.
	4.434	Conduct of hearing.
	4.435	Evidence.
	4.436	Reporter's fees.
	4.437	Copies of transcript.
	4.438	Summary of evidence.
	4.439	Action by administrative law judge.
	4.450	Private contests and protests.
	4.450-1	By whom private contest may be initiated.
	4.450-2	Protests.
	4.450-3	Initiation of contest.
	4.450-4	Complaints.
	4.450-5	Service.
	4.450-6	Answer to complaint.
	4.450-7	Action by manager.
	4.450-8	Amendment of answer.
	4.451	Government contests.
	4.451-1	How initiated.
	4.451-2	Proceedings in Government contests.
	4.452	Proceedings before the administrative law judge.
	4.452-1	Prehearing conferences.
	4.452-2	Notice of hearing.
	4.452-3	Postponements.
	4.452-4	Authority of administrative law judge.
	4.452-5	Conduct of hearing.
	4.452-6	Evidence.
	4.452-7	Reporter's fees.
	4.452-8	Findings and conclusions; decision by administrative law judge; submission to Board for decision.
	4.452-9	Appeal to Board.
	4.470	How to appeal a final BLM grazing decision to an administrative law judge.
	4.471	How to petition for a stay of a final BLM grazing decision.
	4.472	Action on an appeal and petition for a stay.
	4.473	Time and place of hearing; notice; intervenors.
	4.474	Authority of administrative law judge.
	4.475	Service.
	4.476	Conduct of hearing; reporter's fees; transcript.
	4.477	Findings of fact and decision by administrative law judge: Notice; submission to Board of Land Appeals for decision.
	4.478	Appeals to the Board of Land Appeals; judicial review.
	4.479	Effectiveness of decision during appeal.
	4.480	Conditions of decision action.
	4.601	What is the purpose of this subpart?
	4.602	What definitions apply to this subpart?
	4.603	What proceedings are covered by this subpart?
	4.604	When am I eligible for an award?
	4.605	Under what circumstances may I receive an award?
	4.606	What fees and expenses may be allowed?
	4.610	What information must my application for an award contain?
	4.611	What information must I include in my net worth exhibit?
	4.612	What documentation of fees and expenses must I provide?
	4.613	When may I file an application for an award?
	4.620	How must I file and serve documents?
	4.621	When may the Department or other agency file an answer?
	4.622	When may I file a reply?
	4.623	When may other parties file comments?
	4.624	When may further proceedings be held?
	4.625	How will my application be decided?
	4.626	How will an appeal from a decision be handled?
	4.627	May I seek judicial review of a final decision?
	4.628	How will I obtain payment of an award?
	4.700	Who may appeal.
	4.701	Notice of appeal.
	4.702	Transmittal of appeal file.
	4.703	Pleadings.
	4.704	Decisions on appeals.
	4.800	Scope and construction of rules.
	4.801	Suspension of rules.
	4.802	Definitions.
	4.803	Computation of time.
	4.804	Extensions of time.
	4.805	Reduction of time to file documents.
	4.806	Designation.
	4.807	Authority and responsibilities.
	4.808	Participation by a party.
	4.809	Determination of parties.
	4.810	Complainants not parties.
	4.811	Determination and participation of amici.
	4.812	Form.
	4.813	Filing and service.
	4.814	Certificate of service.
	4.815	How proceedings are commenced.
	4.816	Notice of hearing and response thereto.
	4.817	Notice of opportunity to request a hearing and response thereto.
	4.818	Answer.
	4.819	Amendment of notice or answer.
	4.820	Consolidated or joint hearings.
	4.821	Motions.
	4.822	Disposition of motions.
	4.823	Interlocutory appeals.
	4.824	Exhibits.
	4.825	Admissions as to facts and documents.
	4.826	Discovery.
	4.827	Depositions.
	4.828	Use of depositions at hearing.
	4.829	Interrogatories to parties.
	4.830	Production of documents and things and entry upon land for inspection and other purposes.
	4.831	Sanctions.
	4.832	Consultation and advice.
	4.833	Prehearing conferences.
	4.834	Purpose.
	4.835	Evidence.
	4.836	Official notice.
	4.837	Testimony.
	4.838	Objections.
	4.839	Exceptions.
	4.840	Offer of proof.
	4.841	Official transcript.
	4.842	Proposed findings of fact and conclusions of law.
	4.843	Record for decision.
	4.844	Notification of right to file exceptions.
	4.845	Final review by Secretary.
	4.901	What is the purpose of this subpart?
	4.902	What appeals are subject to this subpart?
	4.903	What definitions apply to this subpart?
	4.904	When does my appeal commence and end?
	4.905	What if a due date falls on a day the Department or relevant office is not open for business?
	4.906	What if the Department does not issue a decision by the date my appeal ends?
	4.907	What if an IBLA decision requires MMS or a delegated State to recalculate royalties or other payments?
	4.908	What is the administrative record for my appeal if it is deemed decided?
	4.909	How do I request an extension of time?
	4.1100	Definitions.
	4.1101	Jurisdiction of the Board.
	4.1102	Construction.
	4.1103	Eligibility to practice.
	4.1104	General rules relating to procedure and practice.
	4.1105	Parties.
	4.1106	Hearing sites.
	4.1107	Filing of documents.
	4.1108	Form of documents.
	4.1109	Service.
	4.1110	Intervention.
	4.1111	Voluntary dismissal.
	4.1112	Motions.
	4.1113	Consolidation of proceedings.
	4.1114	Advancement of proceedings.
	4.1115	Waiver of right to hearing.
	4.1116	Status of notices of violation and orders of cessation pending review by the Office of Hearings and Appeals.
	4.1120	Presiding officers.
	4.1121	Powers of administrative law judges.
	4.1122	Conduct of administrative law judges.
	4.1123	Notice of hearing.
	4.1124	Certification of interlocutory ruling.
	4.1125	Summary decision.
	4.1126	Proposed findings of fact and conclusions of law.
	4.1127	Initial orders and decisions.
	4.1128	Effect of initial order or decision.
	4.1129	Certification of record.
	4.1130	Discovery methods.
	4.1131	Time for discovery.
	4.1132	Scope of discovery.
	4.1133	Sequence and timing of discovery.
	4.1134	Supplementation of responses.
	4.1135	Motion to compel discovery.
	4.1136	Failure to comply with orders compelling discovery.
	4.1137	Depositions upon oral examination or upon written questions.
	4.1138	Use of depositions.
	4.1139	Written interrogatories to parties.
	4.1140	Production of documents and things and entry upon land for inspection and other purposes.
	4.1141	Admissions.
	4.1150	Who may file.
	4.1151	Time for filing.
	4.1152	Contents of petition; payment required.
	4.1153	Answer.
	4.1154	Review of waiver determination.
	4.1155	Burdens of proof in civil penalty proceedings.
	4.1156	Summary disposition.
	4.1157	Determination by administrative law judge.
	4.1158	Appeals.
	4.1160	Scope.
	4.1161	Who may file.
	4.1162	Time for filing.
	4.1163	Effect of failure to file.
	4.1164	Contents of application.
	4.1165	Answer.
	4.1166	Contents of answer.
	4.1167	Notice of hearing.
	4.1168	Amendments to pleadings.
	4.1169	Failure to state a claim.
	4.1170	Related notices or orders.
	4.1171	Burden of proof in review of section 521 notices or orders.
	4.1180	Purpose.
	4.1181	Who may file.
	4.1182	Where to file.
	4.1183	Time for filing.
	4.1184	Contents of application.
	4.1185	Computation of time for decision.
	4.1186	Waiver of the 30-day decision requirement.
	4.1187	Procedure if 30-day decision requirement is not waived.
	4.1190	Initiation of proceedings.
	4.1191	Answer.
	4.1192	Contents of answer.
	4.1193	Notice of hearing.
	4.1194	Burden of proof in suspension or revocation proceedings.
	4.1195	Determination by the administrative law judge.
	4.1196	Summary disposition.
	4.1197	Appeals.
	4.1200	Filing of the application for review with the Office of Hearings and Appeals.
	4.1201	Request for scheduling of a hearing.
	4.1202	Response to request for the scheduling of a hearing.
	4.1203	Application for temporary relief from alleged discriminatory acts.
	4.1204	Determination by administrative law judge.
	4.1205	Appeals.
	4.1260	Scope.
	4.1261	When to file.
	4.1262	Where to file.
	4.1263	Contents of application.
	4.1264	Response to application.
	4.1265	Determination on application concerning a notice of violation issued pursuant to section 521(a)(3) of the act.
	4.1266	Determination on application concerning an order of cessation.
	4.1267	Appeals.
	4.1270	Petition for discretionary review of a proposed civil penalty.
	4.1271	Notice of appeal.
	4.1272	Interlocutory appeals.
	4.1273	Briefs.
	4.1274	Remand.
	4.1275	Final decisions.
	4.1276	Reconsideration.
	4.1280	Scope.
	4.1281	Who may appeal.
	4.1282	Appeals; how taken.
	4.1283	Service.
	4.1284	Answer.
	4.1285	Summary dismissal.
	4.1286	Request for hearings.
	4.1290	Who may file.
	4.1291	Where to file; time for filing.
	4.1292	Contents of petition.
	4.1293	Answer.
	4.1294	Who may receive an award.
	4.1295	Awards.
	4.1296	Appeals.
	4.1300	Scope.
	4.1301	Who may file.
	4.1302	Time for filing.
	4.1303	Contents and service of petition.
	4.1304	Answer, motion, or statement of OSM.
	4.1305	Amendment of petition.
	4.1306	Notice of hearing.
	4.1307	Elements; burdens of proof.
	4.1308	Decision by administrative law judge.
	4.1309	Petition for discretionary review.
	4.1350	Scope.
	4.1351	Preliminary finding by OSM.
	4.1352	Who may file; where to file; when to file.
	4.1353	Contents of request.
	4.1354	Determination by the administrative law judge.
	4.1355	Burden of proof.
	4.1356	Appeals.
	4.1360	Scope.
	4.1361	Who may file.
	4.1362	Where to file; when to file.
	4.1363	Contents of request; amendment of request; responses.
	4.1364	Time for hearing; notice of hearing; extension of time for hearing.
	4.1365	Status of decision pending administrative review.
	4.1366	Burdens of proof.
	4.1367	Request for temporary relief.
	4.1368	Determination by the Administrative Law Judge.
	4.1369	Petition for discretionary review; judicial review.
	4.1370	Scope.
	4.1371	Who may file, where to file, when to file.
	4.1372	Contents of request for review, response to request, amendment of request.
	4.1373	Hearing.
	4.1374	Burdens of proof.
	4.1375	Time for initial decision.
	4.1376	Petition for temporary relief from notice of proposed suspension or rescission or notice of suspension or rescission; appeals from decisions granting or denying temporary relief.
	4.1377	Petition for discretionary review of initial decision.
	4.1380	Scope.
	4.1381	Who may file; when to file; where to file.
	4.1382	Contents of request for review; response to request; amendment of request.
	4.1383	Hearing.
	4.1384	Burdens of proof.
	4.1385	Time for initial decision.
	4.1386	Petition for temporary relief from decision; appeals from decisions granting or denying temporary relief.
	4.1387	Petition for discretionary review of initial decisions.
	4.1390	Scope.
	4.1391	Who may file; where to file; when to file; filing of administrative record.
	4.1392	Contents of request; amendment of request; responses.
	4.1393	Status of decision pending administrative review.
	4.1394	Burden of proof.
	4.1600	Purpose and nature of the appeal process.
	4.1601	Basis for appeal.
	4.1602	Who may appeal under this procedure.
	4.1603	Appeal period.
	4.1604	Method of filing an appeal.
	4.1605	Action by the Office of Hearings and Appeals.
	4.1606	Department representation.
	4.1607	Processing the appeal.
	4.1608	Oral presentations.
	4.1609	Multiple appeals.
	4.1610	Decision of the appeals official.